Mr. B has played an active leadership role for the Teachers’ Association, a significant advocacy group in the Democratic Republic of Congo (DRC).  In January 2008, the group initiated talks with the DRC government over issues such as better pay and living conditions for teachers.  According to Mr. B, the government was not responsive to the group’s concerns and several months later the Teachers’ Association’s escalated its advocacy efforts by organizing a protest march.  The march was held in August 2008 and provoked a violent response from the government.  As the government sought to disperse the crowds by force, several officials focused on Mr. B and tried to arrest him.  One of the officials struck Mr. B in the mouth with a gun and knocked out one of his teeth.  Notwithstanding the force used, Mr. B was able to escape arrest that day.

Mr. B remained for months until he was able to escape the country.  His friends told him that the soldiers were looking for him and even distributing pictures of him.  The soldiers went so far as to torture and kill two of his sisters in the efforts to find him.

With the help of a friend, Mr. B was able to obtain a Canadian passport.  He then flew to South Africa, where he stayed for six months.  He was detained at Dulles in transit to Canada to join his friend.

The USCIS Asylum office has already conducted an interview of Mr. B and has found him to be credible.  The office has issued a determination that Mr. B has a credible fear of being persecuted if returned to the DRC.

This pro bono opportunity entails assisting Mr. B in applying for asylum, withholding of removal and/or protection under the Convention Against Torture (CAT) before the Immigration Court in Arlington, Virginia.  Mr. B is currently detained in  Hampton Roads Regional Jail, which is located in Portsmouth, Virginia, and is approximately 3.5 hours away by car.   CAIR Coalition is available to assist in visiting the client at the jail and to arrange televideo conferences between our DC office and the facility.  Mr. B speaks Lingala and is proficient in French.

Contact: Liz McGrail, liz.mcgrail@caircoalition.org; 202-331-3320, ex. 20

Ms. MR, who last entered the United States in 2006, is a Guatemalan national.  She will be persecuted and tortured in Guatemala because of her sexual orientation and gender identity.  Born physiologically a male, Ms. MR is homosexual and identifies herself as a woman.  Ms. MR has been raped and psychologically abused by her much older cousin and physically abused and beaten by her older brother.  Although she alerted Guatemalan authorities that she was being raped on a regular basis, the police refused to believe her because she was a young child. She avoided going out in public in Guatemala for fear of being abducted, castrated, and killed because of her sexual orientation.  She fled Guatemala to escape her brother, cousin, and the persecution of homosexuals.  Realizing that the United States is more tolerant than Guatemala, Ms. MR began to realize herself as a woman in this country.

The USCIS Asylum office has already conducted an interview of Ms. MR and has found her to be credible.  The office has issued a determination that Ms. MR has a reasonable fear of being persecuted and tortured if returned to Guatemala.

Ms. MR has a conviction in Virginia related to prostitution.  This offense is not particularly serious and would not preclude her from applying for Asylum, Withholding of Removal and/or protection under the Convention Against Torture. (However, depending on the facts in her case, she may not be eligible for asylum because of the requirement that individuals apply within one year of arriving in the United States barring a chance in circumstances.)

Ms. MR is not detained and is under an order of supervision granted by Immigration and Customs Enforcement.  She is currently residing in Herndon, VA.

Ms. MR speaks Spanish.  Although she has a Master Calendar hearing scheduled at Immigration Court in New York, NY for August 18th, CAIR Coalition has filed a Motion to Change Venue to Arlington, VA as venue was erroneously changed by the court to New York, NY.  Merits hearings on the non-detained docket in Arlington are currently being scheduled approximately one year in advance.  Therefore, we estimate that this case will go to trial in the summer of 2011.

Please contact:

Bernardo Rodriguez

Staff Attorney

(202) 331-3320, ext. 16

bernardo.rodriguez@caircoalition.org

Mr. MG, a Peruvian national, fears he will be tortured and killed by Peruvian government officials because of his attempt to expose fraud at a television  show.

Mr. MG’s plight began when he agreed to participate in a segment of the  television show.   Specifically, he had agreed to appear on the show and pretend to be interested in his brother’s girlfriend.  In exchange for this pretense, the show had promised to provide him with several gifts including a sandwich cart, scholarship money and medical care for his mother.  After his appearance on the show, however, the staff of the show failed to deliver the promised gifts.  Mr. MG and several other former participants who had been similarly duped, threatened to expose the television show as a fraud.   In response, individuals connected with the show sent police to intimidate Mr. MG.  Police shot Mr. MG and killed one of his friends.  In a later incident, police stabbed Mr. MG.

The USCIS Asylum office has already conducted an interview of Mr. MG and has found him to be credible.  The office has issued a determination that Mr. MG has a reasonable fear of being tortured if returned to Peru.

Mr. MG has two petty theft convictions and a fourth degree burglary conviction in Maryland, as well as a trespass conviction.  None of these offenses are particularly serious and none would preclude him from applying for protection under CAT.

Mr. MG is currently in Immigration custody at Rappahannock Regional Jail in Stafford, VA – approximately one hour drive from Washington, DC.  He is not eligible for bond because of his convictions and therefore, will remain in detention throughout his immigration court proceedings.

Mr. MG speaks Spanish and English.  Although he has a Master Calendar hearing scheduled at the Arlington, VA Immigration Court for July 1^st, CAIR Coalition can seek a continuance to provide the pro bono attorney with more time to meet with the client and prepare for pleadings.  Merits hearings are currently being scheduled in Arlington for November/December.  Therefore, we estimate that this case will go to trial by early January 2011.

Please contact:

Bernardo Rodriguez

Staff Attorney

(202) 331-3320, ext. 16

bernardo.rodriguez@caircoalition.org

Mr. MA faces potential removal from the United States because of his criminal convictions: three convictions for DUI and three counts of credit card fraud. Mr. MA is eligible to apply for Cancellation of Removal for Certain Permanent Residents.  Mr. MA is eligible for this form of relief if (1) he has been continuously resident in any status for seven years prior to the person’s first offense that renders him inadmissible or deportable; (2) he has been a permanent resident for at least five years; (3) he has not been convicted of an aggravated felony; and (4) he merits a favorable exercise of discretion.

Mr. MA has a strong case that the positive factors in his life outweigh the negative impact of his criminal convictions.  In addition to his immediate family, Mr. MA’s ties to the United States include several brothers who are permanent residents.  He has attended an alcohol program after his DUI convictions, which he successfully completed.  He has lived in the United States for sixteen years and has held a steady job in siding.

This opportunity may also require that the pro bono attorney litigate whether Mr. MA’s convictions for DUI “stop his time” for the purpose of the seven year residence requirement.  CAIR Coalition attorneys are available to mentor the pro bono attorney on this and any other issue.

This pro bono opportunity will require representing Mr. MA before Immigration Judge Bryant at the Arlington Immigration Court.  He has already submitted his application for relief, and his case has been set down for a hearing on the merits on November 3, 2010.  Hampton Roads Regional Jail is approximately 3.5 hours from Washington, DC by car.  CAIR Coalition now has a Video-Teleconferencing System which allows attorneys to communicate with detained clients via televideo from our office in DC.  CAIR Coalition is also available to assist in visiting the client at the jail.  Mr. MA speaks Spanish and is proficient in English.

Contact Liz McGrail, 202-331-3320, ex. 20 or liz.mcgrail@caircoalition.org

He has lived in the US for almost 25 years and has a US citizen child for whom he has regularly made child support payments. Prior to detention he attended the Seven Day Adventist Church where his pastor and church members would be willing to provide affidavits in his support.  He indicated that family and community members would also write affidavits in support of his good character.

Mr. EM faces potential removal from the United States because of three criminal convictions: one charge of assault and battery on a family member with a sentence of 6 months, one charge of peeping into an occupied dwelling with a sentence of 12 months and one charge of mail theft for which he received less than one year time served.

First, CAIR Coalition believes that Mr. EM may be eligible to terminate his removal proceedings.  This would require arguing that Mr. EM’s convictions for (1) assault and battery and (2) peeping into an occupied dwelling are not crimes involving moral turpitude.  The Board of Immigration Appeals has specifically ruled that the conduct prohibited by the Virginia statute for assault and battery on a family member is not categorically a crime involving moral turpitude.  Therefore DHS must prove by clear and convincing evidence that the incident involved “intentional infliction of serious bodily injury on another.” The conduct prohibited by the Virginia statute for peeping into an occupied dwelling has no sexual component but is often miscategorized as a crime involving moral turpitude.  Should it be found that both convictions are not crimes involving moral turpitude, Mr. EM would not be removable.

Alternatively, Mr. EM appears eligible for relief from removal through Cancellation of Removal.  To be eligible for Cancellation of Removal, Mr. EM must show that he has been a lawful permanent resident for 5 years, he has had 7 years of continuous physical presence in the US and he has not been convicted of an aggravated felony.  Mr. EM appears to meet these requirements.

To be successful in obtaining Cancellation relief, Mr. EM must demonstrate that his equities outweigh the adverse factors of his criminal history.

This pro bono opportunity will require representing Mr. EM before Immigration Judge Bryant at the Arlington Immigration Court.  Hampton Roads Regional Jail is approximately 3.5 hours from Washington, DC by car.  CAIR Coalition now has a Video-Teleconferencing System which allows attorneys to communicate with detained clients via televideo from our office in DC.  CAIR Coalition is also available to assist in visiting the client at the jail and to ask for a continuance, if necessary. In addition, CAIR Coalition’s attorneys provide expert mentoring throughout the case. Mr. EM speaks English, Spanish and Portuguese.

Contact Liz McGrail, 202-331-3320, ex. 20 or liz.mcgrail@caircoalition.org

Contact:
Bradley Jenkins
bradley.jenkins@caircoalition.org